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Lawsuits filed by more than 2,000 governmental plaintiffs have now been joined in the largest civil proceeding in U.S. history, In re National Prescription Opiate Litigation (MDL 2804). These plaintiffs have claimed billions of dollars in damages from manufacturers, distributors and dispensers of legal, government-regulated pharmaceuticals. The defendants named in the MDL and other opioid lawsuits have sought insurance coverage for the costs of defending these claims and the costs of satisfying any settlements or adverse judgments. Insurers have persistently denied these claims and coverage litigation has ensued.
Please join Bernard P. Bell, Tab Turano and Tae Andrews of Miller Friel PLLC, as they discuss:
- Introduction and background of opioid litigation (5 minutes)
- Classes of defendants
- Types of coverage implicated
- 2020 developments in the opioid MDL and beyond (5 minutes)
- 2020 insurance coverage rulings for opioid claims (30 minutes)
- Trial and appellate rulings
- Current procedural posture
- Cases to watch
- Public nuisance litigation: A departure from traditional norms (10 minutes)
- Claims of massive retroactive liability for legal goods and services
- Weakening of traditional causation and reliance requirements
- Beyond opioids: Any limits on claims against disfavored enterprise?
- Future implications of opioid rulings for insurance coverage for public nuisance claims (10 minutes)